Legal Question in Real Estate Law in California

wrongful foreclosure

While we were waiting for the 1st mortgage lender to process our delinquency into the principal they went ahehead and foreclosed. We had advised the lender we were willing and able to pay the full amount they told us to send them only $2500 and a applicastion which we did. We were told (in writing) that the sale would be postponed while the applicayion was being processed. The sale took place on Jan 21 and they did not notify us that the application was not approved in a letter dated Jan. 24 and postmarked Jan 29. We have not yet been served with an eviction notice.


Asked on 3/20/08, 2:47 pm

2 Answers from Attorneys
sean novick The Sean Novick Law Group

Re: wrongful foreclosure

It depends. Do you have proof that the lender agreed to postpone the sale?

Feel free to contact me office for a FREE initial consultation.

www.seannovicklaw.com

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Answered on 3/20/08, 4:01 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: wrongful foreclosure

You can sue to set it aside or sue for damages. But, it will cost you money. I don't believe any lawyer will take it on contingency. If the buyer is a bona fide purchaser for value (a term of art) you may be limited to a suit for damages.

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Answered on 3/21/08, 12:32 am


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